December, 17 2019, 11:00pm EDT
Impeachment Was Necessary to Protect Our Democracy
"There is no single and precise definition of what constitutes impeachable wrongdoing, but the essential issue is abuse of power.
"And the quintessential abuses of power that most worried the framers of the Constitution - and which logically must be the most worthy of impeachment - are those that involve:
WASHINGTON
"There is no single and precise definition of what constitutes impeachable wrongdoing, but the essential issue is abuse of power.
"And the quintessential abuses of power that most worried the framers of the Constitution - and which logically must be the most worthy of impeachment - are those that involve:
- The president elevating his or her personal interest above the public interest;
- Misuses of power to undermine the integrity of elections and therefore the normal means to ensure political accountability; and
- Efforts to solicit the involvement of foreign powers in our elections.
"President Donald Trump's abuses in the Ukraine scandal checked all of those boxes.
"Not all impeachable offenses require impeachment. But in this case, the House of Representatives really had no choice. Donald Trump aims to rig the next election through improper means, making it impossible to rely only on elections - the normal means of political accountability - to punish his wrongdoing. Making matters worse, he has stonewalled the congressional investigation, effectively declaring himself above the law.
"In the United States, however, nobody is above the law, not even the president. Impeachment is the mandatory remedy to defend our constitutional democracy.
"Now it is incumbent on the Senate to hold a fair trial - a prospect thrown into grave doubt by Senate Majority Leader Mitch McConnell's proclamation that there will be 'total coordination' between him and the White House - and act where the facts and law take them."
- Robert Weissman, president
"Today's vote to impeach Donald Trump is a moment of solemn recognition that asking a foreign nation to investigate your political opponent and withholding taxpayer funds to try to realize your goal will never be okay. Trump abused his power, and this type of offense is exactly what the framers had in mind when they included an impeachment clause in the Constitution. His dual high crimes of abuse of power and obstruction of Congress more than merit the actions taken today. We must impeach when a president believes that the laws of the land do not apply to him and that he can use his office for his personal gain. We applaud the House and urge the Senate to proceed with a fair, substantive trial."
- Lisa Gilbert, vice president of legislative affairs
Public Citizen is a nonprofit consumer advocacy organization that champions the public interest in the halls of power. We defend democracy, resist corporate power and work to ensure that government works for the people - not for big corporations. Founded in 1971, we now have 500,000 members and supporters throughout the country.
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East Palestine Soil Contains Dioxin Levels Hundreds of Times Over Cancer Risk Threshold
"I certainly wouldn't be comfortable living there," said one organic chemist.
Mar 17, 2023
East Palestine, Ohio residents' concerns about the enduring impact of last month's fiery train derailment are likely to intensify following the release of data showing that levels of dioxin in the soil near the wreck site are far higher than the cancer risk threshold recommended by federal scientists.
Dioxin is a toxic and carcinogenic byproduct of burning vinyl chloride, a hazardous chemical that at least five Norfolk Southern train cars were carrying when they derailed in early February, sparking a full-blown environmental and public health disaster.
Citing a report that Pace Analytical prepared for Ohio's neighbor Indiana, The Guardianreported Friday that "East Palestine soil showed levels of '2,3,7,8 TCDD toxicity equivalence' of 700 parts per trillion (ppt)," potentially stemming from the controlled burn of vinyl chloride in the wake of the crash.
"The level at which the EPA will initiate cleanup action in residential areas is 1,000 ppt," the newspaper explained. "However, the cleanup triggers are much lower in many states—90 ppt in Michigan, and 50 ppt in California... Moreover, EPA scientists in 2010 put the cancer risk threshold for dioxins in residential soil at 3.7 ppt, and the agency recommended lowering the cleanup trigger to 72 ppt."
The Obama administration tanked the EPA scientists' effort to formally lower the federal cleanup threshold, The Guardian noted.
Chemical experts and former EPA officials expressed alarm over the data while acknowledging it was limited to just two soil samples and more testing is needed.
"The levels are not screaming high, but we have confirmed that dioxins are in East Palestine's soil," Linda Birnbaum, former head of the U.S. National Toxicology Program, told The Guardian. "The EPA must test the soil in the area more broadly."
Carsten Prasse, an organic chemist at Johns Hopkins University, added that the dioxin concentrations in the soil samples examined are "actually concerning."
"My main concern is: is this reflective of the level in the area in East Palestine... and of the levels individuals who live near the rail are exposed to?" Prasse asked. "I certainly wouldn't be comfortable living there."
Despite outside experts' fears, EPA regional administrator Debra Shore insisted that the dioxin levels detected in the Indiana report are "very low."
The Guardian's reporting came days after Ohio's Republican attorney general filed suit against Norfolk Southern, accusing the rail giant of "recklessly endangering" East Palestine residents.
"Ohio shouldn't have to bear the tremendous financial burden of Norfolk Southern's glaring negligence," said AG Dave Yost said. "The fallout from this highly preventable incident may continue for years to come, and there's still so much we don't know about the long-term effects on our air, water, and soil."
In Congress, a bipartisan group of lawmakers is working to build support for legislation that would impose more strict regulations on trains carrying hazardous materials such as vinyl chloride.
During Senate testimony last week, Norfolk Southern CEO Alan Shaw refused to endorse the bill.
"If Norfolk Southern had paid a little more attention to safety and a little less attention to its profits—had cared a little more about the Ohioans along its tracks, and a little less about its executives and shareholders—these accidents would not have been as bad, or might not have happened at all," Sen. Sherrod Brown (D-Ohio), the lead Democratic sponsor of the Railway Safety Act, said during the hearing.
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As Rail Industry Lobbies Against Safety Bill, Two Trains Derail in Arizona and Washington
"The longer we wait to act on rail safety, the deeper the railroad industry can dig in their claws and lobby against progress," warned Rep. Chris Deluzio.
Mar 17, 2023
Two trains operated by BNSF derailed in Washington state and Arizona on Thursday as the rail industry and its Republican allies in Congress fight bipartisan safety legislation introduced in the wake of the toxic crash in East Palestine, Ohio.
The Associated Pressreported that the Washington derailment spilled 5,000 gallons of diesel fuel on tribal lands along Padilla Bay. State authorities said the fuel spill does not appear to have flowed toward the water—though such an assurance is cold comfort amid the disaster in eastern Ohio, where residents' concerns about the long-term impacts of the wreck on local water, soil, and air quality remain high more than a month after the crash.
In Arizona, eight BNSF train cars derailed Thursday near the state's border with California and Nevada, though it's unclear whether any spills occurred. The crash reportedly involved a train carrying corn syrup.
More than 1,000 trains derail in the United States each year, but the Norfolk Southern disaster in East Palestine has brought greater scrutiny to the industry's dangerous cost-cutting and lax safety practices—turning wrecks that would typically be consigned to local news coverage into national headlines.
With each derailment since early February, calls for substantive action in Congress to rein in the powerful industry have grown louder.
Under pressure from rail workers and others, a bipartisan group of lawmakers introduced legislation earlier this month that would impose stronger regulations on trains carrying hazardous materials—an effort that rail industry lobbying has defeated in the past.
While rail unions welcomed some provisions of the bill as decent starting points, they warned the measure has major loopholes and exceptions that rail giants wouldn't hesitate to exploit.
"If the language is not precise, the Class 1 railroads will avoid the scope of the law without violating the law, yet again putting the safety of our members and American communities into harm's way," said Eddie Hall, national president of the Brotherhood of Locomotive Engineers and Trainmen. "You can run a freight train through the loopholes."
Predictably, the rail industry is working to further water down the legislation or kill it entirely, pumping donations to Republican allies and running ads in major media outlets touting its supposedly ironclad commitment to safety.
Sludge's David Moore reported earlier this week that the PAC for Union Pacific—one of the largest Class 1 railroads in the U.S.—"made $15,000 in contributions last month, all to Republicans in the House and Senate, given less than two weeks after the Ohio derailment."
"Several House Republicans on committees that oversee transportation have sought to delay the bipartisan legislation to boost rail safety rules," Moore noted, "saying more information is needed after a potentially-lengthy study."
Rep. Troy Nehls (R-Texas), chair of the House Transportation and Infrastructure Subcommittee on Railroads, Pipelines, and Hazardous Materials, parroted industry talking points earlier this month when making the case against regulatory action, saying U.S. railroads have a "very high success rate of moving hazardous material—to the point of 99-percent-plus."
Days before Nehls' comment, the Association of American Railroads (AAR) declared in an ad appearing in a Politico newsletter that "while 99.9 percent of all hazmat shipments that move by rail reach their destination safely, we know a single incident can have significant impacts."
The AAR has dismissed demands for comprehensive rail safety reforms as "political."
In the Senate, meanwhile, John Thune (R-S.D.)—a former registered rail lobbyist—has emerged as a potentially key opponent of rail safety legislation, tellingThe Hill earlier this month that "we'll take a look at what's being proposed, but an immediate quick response heavy on regulation needs to be thoughtful and targeted."
During congressional testimony last week, Norfolk Southern CEO Alan Shaw refused to endorse the bipartisan Railway Safety Act, another indication that rail giants will continue their longstanding opposition to popular regulatory changes.
Over the past two decades, according to a recent OpenSecrets analysis, the rail industry has spent more than $650 million on federal lobbying.
"The longer we wait to act on rail safety, the deeper the railroad industry can dig in their claws and lobby against progress," Rep. Chris Deluzio (D-Pa.), a lead sponsor of separate rail safety legislation, warned Thursday.
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'Important Victory' for Florida Higher Ed: Court Upholds Block on DeSantis Censorship Law
"This is an important step in preserving the truth, civil liberties, and a better future," said one state ACLU attorney.
Mar 16, 2023
The 11th U.S. Circuit Court of Appeals on Thursday kept in place a preliminary injunction against Florida GOP policymakers' school censorship law in what rights advocates celebrated as "an important victory for professors, other educators, and students."
The appellate court denied a request from Florida Republican Gov. Ron DeSantis' administration and higher education officials to block a district judge's injunction that is currently preventing enforcement of the Stop Wrongs Against Our Kids and Employees (WOKE) Act—rebranded by its supporters as the Individual Freedom Act—in the state's public colleges and universities.
DeSantis' Stop WOKE Act "limits the ways concepts related to systemic racism and sex discrimination can be discussed in teaching or conducting training in workplaces or schools," parroting a Trump administration executive order that was ultimately rescinded by President Joe Biden, the ACLU explained last year.
The plaintiffs in one of the relevant cases, Pernell v. Florida Board of Governors, are represented by the national and state ACLU along with the Legal Defense Fund (LDF) and Ballard Spahr, who first filed the federal suit last August—the same day U.S. District Judge Mark Walker, an appointee of former President Barack Obama, issued a separate injunction against the law related to employers.
The new appeals court order upholds the injunction Walker issued in November, which began by quoting George Orwell's novel 1984. Calling the controversial law "positively dystopian," the judge wrote at the time that "the powers in charge of Florida's public university system have declared the state has unfettered authority to muzzle its professors in the name of 'freedom.'"
"All students and educators deserve to have a free and open exchange about issues related to race in our classrooms."
Leah Watson, a senior staff attorney with the ACLU Racial Justice Program, said Thursday that "the court's decision to leave in place the preliminary injunction is a recognition of the serious injury posed to educators and students by the Stop WOKE Act."
"All students and educators deserve to have a free and open exchange about issues related to race in our classrooms," Watson argued, rather than censored discussions that erase "the history of discrimination and lived experiences of Black and Brown people, women and girls, and LGBTQ+ individuals."
LDF assistant counsel Alexsis Johnson similarly stressed that "institutions of higher education in Florida should have the ability to provide a quality education, which simply cannot happen when students and educators, including Black students and educators, feel they cannot speak freely about their lived experiences, or when they feel that they may incur a politician's wrath for engaging in a fact-based discussion of our history."
The order also pertains to a challenge filed by the Foundation for Individual Rights and Expression (FIRE) in September.
"Professors must be able to discuss subjects like race and gender without hesitation or fear of state reprisal," FIRE said Thursday. "Any law that limits the free exchange of ideas in university classrooms should lose in both the court of law and the court of public opinion."
The Stop WOKE Act is part of a nationwide effort by Republican state lawmakers and governors—especially DeSantis, a potential 2024 GOP presidential candidate—to curtail what content can be shared and discussed in classrooms and workplaces.
"Since January 2021, 44 states have introduced bills or taken other steps that would restrict teaching critical race theory or limit how teachers can discuss racism and sexism," according to an Education Week analysis updated on Monday. "Eighteen states have imposed these bans and restrictions either through legislation or other avenues."
ACLU of Florida staff attorney Jerry Edwards warned Thursday that "lawmakers continue to threaten our democracy by attempting to curtail important discussions about our collective history and treatment of Black and Brown communities."
"This is an important step in preserving the truth, civil liberties, and a better future," Edwards said of the 11th Circuit's decision.
Though legal groups welcomed the order, the battle over the law is ongoing. The court will eventually rule on the merits of the case—which DeSantis' press secretary Bryan Griffin highlighted Thursday, adding, "We remain confident that the law is constitutional."
Opponents of the law are also undeterred, as Ballard Spahr litigation department chair Jason Leckerman made clear.
"The movement to restrict academic freedom and curtail the rights of marginalized communities is as pervasive as it is pernicious," he said. "We are proud of the work we have done so far with our partners, the ACLU and Legal Defense Fund, but the fight is far from over. Today, we'll take a moment to savor this result—and then we'll keep working."
This post has been updated with comment from FIRE and Gov. Ron DeSantis' press secretary.
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